ThermoFisher Scientific EZx, User Manual

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If you transfer the Software Program, you must transfer a copy of these License Terms, all other
documentation and at least one complete, unaltered copy of the Software Program to the other
party. Unless you have other copies of the Software Program to be used in connection with other
Equipment purchased from
Thermo Fisher Scientific
, or one of its divisions, you must, at the
same time, either transfer all your other copies of the Software Program to the transferee of the
Equipment or destroy them. Your license is then terminated. The other party agrees to these
terms and conditions by its first use of the Software Program.
You must reproduce the copyright notices(s) on each copy of the Software Program.
You may not:
1. Use, copy, modify, merge, or transfer copies of the Software Program except as provided in
this license;
2. Reverse engineer, decompile, or disassemble the Software Program; or
3. Sub-license, rent, lease, or assign the Software Program.
Limitation of Remedies
Thermo Fisher Scientific’
s entire liability under this license is the following:
Thermo Fisher Scientific
will: (a) replace defective media, or (b) make a warranted Software
Program operate or (c) replace the Software Program with a functionally equivalent Software
Program, as warranted.
For any claim (including breach), in any form, related in any way to this license,
Thermo Fisher
Scientific’
s liability will be for the actual value of the Software Program.
Thermo Fisher Scientific
will not be liable for any lost profits, lost savings, any incidental
damages, or other economic consequential damages, even if
Thermo Fisher Scientific
, or its
authorized supplier, has been advised of the possibility of such damages.
Thermo Fisher
Scientific
will not be liable for any damages claimed by you based on any third party claim.
General
Thermo Fisher Scientific
may terminate your license if you fail to comply with the terms and
conditions of this license. In such event, you must destroy all your copies of the Software
Program. You are responsible for payment of any taxes, including personal property taxes,
resulting from this license.
Occupational Safety and Health Act (OSHA)
The Occupational Safety and Health Act clearly places the burden of compliance on the user of
the equipment and the act is generalized to the extent that determination of compliance is a
judgment decision on the part of the local inspection. Hence,
Thermo Fisher Scientific
will not
be responsible for meeting the full requirements of OSHA in respect to the equipment supplied
or for any penalty assessed for failure to meet the requirements, in respect to the equipment
supplied, of the Occupational Safety and Health Act, as interpreted by an authorized inspector.
Thermo Fisher Scientific
will use their best efforts to remedy such violation at a reasonable cost
to the buyer.